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Guardianship Bill of Rights Act
12/15/2023, 4:07 PM
Summary of Bill S 1148
Some key provisions of the bill include:
1. The right to be informed of their rights and responsibilities under guardianship, as well as the right to have access to legal counsel to advocate on their behalf. 2. The right to participate in decisions regarding their own care, treatment, and living arrangements to the extent possible. 3. The right to have their preferences and wishes taken into consideration when decisions are being made on their behalf. 4. The right to be free from abuse, neglect, and exploitation, and to have their guardian act in their best interests at all times. Overall, the Guardianship Bill of Rights Act aims to ensure that individuals under guardianship are treated with dignity and respect, and that their rights are protected. It is an important piece of legislation that seeks to safeguard the well-being of some of the most vulnerable members of our society.
Congressional Summary of S 1148
Guardianship Bill of Rights Act
This bill establishes programs and requirements to support the rights of older individuals and individuals with disabilities who are in guardianships, conservatorships, or other protective arrangements.
Specifically, the bill requires the Department of Health and Human Services (HHS) to establish a Guardianship and Other Protective Arrangements and Supported Decisionmaking Council. The council must advise the Department of Justice on standards governing the inherent rights of older individuals (i.e., those 60 years of age or older) and individuals with disabilities who are in protective arrangements, including with respect to marital, reproductive, financial, and medical decisions. States and Indian tribes that fail to protect the rights of individuals in accordance with these standards may lose certain criminal justice grant funding.
The council must also advise HHS on standards for establishing, reviewing, and ending these types of protective arrangements, as well as for establishing alternative arrangements that are less restrictive. States must certify their compliance with these standards as a condition of certain grant funding for supportive services for individuals with disabilities.
The bill also requires HHS to award grants to state and Indian tribe protection and advocacy systems for programs that provide oversight and monitoring of state and local protective arrangements, including training and legal resources for affected individuals.
